Judge: Michael P. Linfield, Case: 22STCV30431, Date: 2023-10-17 Tentative Ruling

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Case Number: 22STCV30431    Hearing Date: December 13, 2023    Dept: 34

SUBJECT:        Motion to Amend Judgment

Moving Party: Plaintiff Californian II Homeowners Association

Resp. Party:    None

The Motion to Amend Judgment is GRANTED in part. Plaintiff shall have seven (7) days leave to file its proposed default judgment.  

BACKGROUND:

        On September 16, 2022, Plaintiff Californian II Homeowners Association filed its Complaint against Defendant Regina Sarfaty.

        On December 5, 2022, Plaintiff filed its Notice of Action Pending.

        On March 3, 2023, Plaintiff amended its Complaint by substituting Doe 1 with Frank G. King.

        On October 23, 2023, the Court entered Default Judgment in this matter.

        On November 17, 2023, Plaintiff filed its Motion to Amend Judgment.

        No opposition or other response has been filed to the Motion.

ANALYSIS:

I.          Legal Standard

“The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken. . . . No affidavit or declaration of merits shall be required of the moving party. Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney’s sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (1) resulting default entered by the clerk against his or her client, and which will result in entry of a default judgment, or (2) resulting default judgment or dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney’s mistake, inadvertence, surprise, or neglect. . . .” (Code Civ. Proc., § 473, subd. (b).)

II.       Discussion

Plaintiff moves the Court to enter an ordering correcting the Default Judgment based on Plaintiff’s Counsel’s mistake. (Motion, p.  5:5–7.) Specifically, it appears that despite foreclosure of a lien being a cause of action in the Complaint, Judgment Creditor’s Counsel mistakenly left that relief out of the request for default judgment and the proposed judgment submitted to the Court.

Judgment Creditor’s Counsel attests to their mistake, includes a copy of the proposed default judgment that would correct the issue, and submits the Motion within six months of the signed Default Judgment. (Motion, Decl. Famili, ¶ 6 and Exh. C; Code Civ. Proc., § 473, subd. (b).)

III.     Conclusion

The Motion to Amend Judgment is GRANTED in part. Plaintiff shall have seven (7) days leave to file its proposed default judgment.